Remaking the Record: Emigrant Fiction and Restorative Justice in the Former Yugoslavia

2016 ◽  
Vol 13 (1) ◽  
pp. 145-166
Author(s):  
Audrey J. Golden
Keyword(s):  
Restorative Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Historical Record ◽  
Former Yugoslavia ◽  
The Novel ◽  
Postmodern Fiction ◽  
Liminal Spaces ◽  
The Law ◽  
Narrative Forms

As the International Criminal Tribunal for the former Yugoslavia (ICTY) nears its end, questions about victimhood and restorative justice remain salient. Can the law adequately attend to victim trauma? Focusing on the remedial notion of “making whole” a victim of atrocity, this article looks to Aleksandar Hemon’s first novel, The Question of Bruno (2000), to illuminate legal limitations to facilitating human recovery. Hemon is a Bosnian immigrant who departed Sarajevo in 1992 and began writing in English several years later. Exhibiting the fragmentation typical in postmodern fiction, Hemon’s work can be situated in a distinct literary moment. Yet the novel also creates new narrative forms that incorporate the reader in a restorative task. While considering the gaps in the remedial procedures at the ICTY, I argue that The Question of Bruno implores its reader to reconstruct a new kind of historical record that heals, while acknowledging the liminal spaces from which many victims speak and write.

Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families

2007 ◽  
Vol 20 (1) ◽  
pp. 207-237 ◽  
Author(s):  
ANNE-MARIE DE BROUWER
Keyword(s):  
Sexual Violence ◽  
Restorative Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Special Focus ◽  
Trust Fund ◽  
Female Survivors

In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.

The Right of the Accused to Self-Representation Before International Criminal Tribunals: Further Developments

2005 ◽  
Vol 99 (3) ◽  
pp. 663-668
Author(s):  
Nina H. B. Jørgensen
Keyword(s):  
International Criminal ◽  
Rapid Development ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
International Criminal Tribunals ◽  
The Law ◽  
Developing Area ◽  
The Right

In its decision on assigned counsel's motion for withdrawal in the Milosevic case, the trial chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) observed “that assignment of counsel against the wishes of the accused is a developing area of the law both in national and international jurisdictions.” This area of law witnessed rapid development by international criminal tribunals in the latter half of 2004.

Case Analysis: Reviewing the Case of Dražen Erdemović: Unchartered Waters at the International Criminal Tribunal for the former Yugoslavia

1999 ◽  
Vol 12 (1) ◽  
pp. 251-270
Author(s):  
Suzannah Linton
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Analysis ◽  
Former Yugoslavia ◽  
The Novel ◽  
International Tribunal ◽  
Moral Issues ◽  
Peace And Reconciliation

Dražen Erdemović was one of the first people to appear in proceedings before the International Criminal Tribunal for the former Yugoslavia, as a potential witness in the Rule 61 proceedings against Radovan Karadžić and Ratko Mladić. The proceedings involving his own actions have now been completed. The case of Dražen Erdemović opened a Pandora's box of complex legal and moral issues. In this article, the ground-breaking case is examined in its entirety, with an emphasis on the novel issues that arose at each stage. It provides an overview of the procedural and substantive issues, and considers the implications that the case has had upon the development of international law and the proceedings at the International Tribunal. Finally, this article considers the case of Dražen Erdemović in the context of the International Tribunal's mandate to bring peace and reconciliation to the former Yugoslavia.

scholarly journals Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia

2006 ◽  
Vol 6 (3) ◽  
pp. 313-348 ◽  
Author(s):  
Mohamed Elewa Badar
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Fundamental Concept ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Mens Rea ◽  
The Creation ◽  
The Law

AbstractEven though more than a decade has passed since the creation of the International Criminal Tribunal for the Former Yugoslavia, the law of the most fundamental concept in international criminal law – mens rea – remains unsettled. Through its jurisprudence, the Yugoslavia Tribunal has made enormous efforts to assign different degrees of mens rea for different categories of crimes under its Statute. The present study is an attempt to clarify several issues with regard to the law of mens rea as developed in the case law of the Yugoslavia Tribunal. Among these issues are the following: what precisely is to be understood by the terms "specific intent", "special intent", "dolus specialis", or "surplus intent"? Similarly, what are the precise meanings of the terms "deliberately", "intention", "intent", "intentionally", "wilful or wilfully", "knowledge", and "wanton" as provided for in the ICTY Statute or as employed by the Chambers within its judgments.

Comment: In Support of the Legal Determination of Genocide

Slavic Review ◽  
2008 ◽  
Vol 67 (2) ◽  
pp. 408-414
Author(s):  
Sari Wastell
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
The Law ◽  
Legal Sense

This comment responds to Robert M. Hayden's concerns by highlighting the importance of contextualizing definitions of genocide and by advocating that determinations of genocide be legally defined. Sari Wastell argues that legal determinations are contingent and contestable when established as “adjudicated facts,” that the law is the most appropriate venue for broaching these debates, and that the proposed genocide denial legislation that worries Hayden cannot target legitimate inquiry into the coherence of legal definitions of the crime of genocide. While reports, rumors, and accusations of genocidal activity might well be the impetus for the establishment of ad hoc tribunals such as the International Criminal Tribunal for the Former Yugoslavia, the existence of these international bodies is precisely aimed at determining the “truth” of these claims in a legal sense.

The Law of Persecution Before the International Criminal Tribunal for the Former Yugoslavia

2002 ◽  
Vol 15 (3) ◽  
pp. 623-639 ◽  
Author(s):  
Ken Roberts
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Comprehensive Analysis ◽  
Former Yugoslavia ◽  
Mens Rea ◽  
Actus Reus ◽  
The Law ◽  
Article 5

The various Trial Chambers of the International Criminal Tribunal for the former Yugoslavia have advanced potentially inconsistent definitions of the crime of persecution under Article 5 of the Tribunal's Statute. The Trial Chamber in the Krnojelac case, in attempting to reconcile these different approaches, has undertaken a comprehensive analysis both of the actus reus and mens rea elements constituting this offence. In the context of the Tribunal's jurisprudence, this article analyses these elements and briefly discusses other issues related to the crime of persecution.

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